Title 16 — ConservationRelease 119-73

§1423b Administration

Title 16 › Chapter CHAPTER 31— - MARINE MAMMAL PROTECTION › Subchapter SUBCHAPTER VI— - POLAR BEARS › § 1423b

Last updated Apr 6, 2026|Official source

Summary

The Secretary must use the Director of the U.S. Fish and Wildlife Service to carry out, enforce, and run the Agreement for the United States. The Secretary must talk with the Secretary of State and the Alaska Nanuuq Commission about how to carry it out. The Secretary may make agreements to use other federal or state agencies, or the Alaska Nanuuq Commission, for help. People the Secretary authorizes to enforce the rules get the powers listed in section 3375(b). The Secretary can use the enforcement powers in subchapter II, including penalties and seizure of cargo. Any polar bear or its parts taken or traded in violation must be seized and forfeited to the United States. Equipment or vehicles used to help a violation can be seized under section 1376. The Secretary must make the rules needed to carry out the Agreement and may adopt Alaska Nanuuq Commission limits or ordinances on subsistence taking of polar bears to help meet annual limits.

Full Legal Text

Title 16, §1423b

Conservation — Source: USLM XML via OLRC

(a)The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall do all things necessary and appropriate, including the promulgation of regulations, to implement, enforce, and administer the provisions of the Agreement on behalf of the United States. The Secretary shall consult with the Secretary of State and the Alaska Nanuuq Commission on matters involving the implementation of the Agreement.

(b)(1)The Secretary may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency, any State agency, or the Alaska Nanuuq Commission for purposes of carrying out this subchapter or the Agreement.

(2)Any person authorized by the Secretary under this subsection to enforce this subchapter or the Agreement shall have the authorities that are enumerated in section 3375(b) of this title.

(c)(1)The Secretary may use authorities granted under subchapter II for enforcement, imposition of penalties, and the seizure of cargo for violations under this subchapter, provided that any polar bear or any part or product of a polar bear taken, imported, exported, possessed, transported, sold, received, acquired, purchased, exchanged, or bartered, or offered for sale, purchase, exchange, or barter in violation of this subchapter, shall be subject to seizure and forfeiture to the United States without any showing that may be required for assessment of a civil penalty or for criminal prosecution under this chapter.

(2)Any gun, trap, net, or other equipment used, and any vessel, aircraft, or other means of transportation used, to aid in the violation or attempted violation of this subchapter shall be subject to seizure and forfeiture under section 1376 of this title.

(d)(1)The Secretary shall promulgate such regulations as are necessary to carry out this subchapter and the Agreement.

(2)If necessary to carry out this subchapter and the Agreement, and to improve compliance with any annual taking limit or other restriction on taking adopted by the Commission and implemented by the Secretary in accordance with this subchapter, the Secretary may promulgate regulations that adopt any ordinance or regulation that restricts the taking of polar bears for subsistence purposes if the ordinance or regulation has been promulgated by the Alaska Nanuuq Commission.

Reference

Citations & Metadata

Citation

16 U.S.C. § 1423b

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73